Gold Coast Mayor Tom Tate dismisses violation findings, says 'hard for me to apologize'
Gold Coast Mayor Tom Tate has dismissed two findings of misconduct by the council supervisor and said any apologies from him were insincere.
Key points:
- Mayor appealed after court found he was involved in misconduct
- Tom Tate directed the board’s former chief executive to stop disciplinary proceedings against other staff members in 2015
- Tate questions the order to make a confession of infringement on his Facebook page
In a report published last week, the Councilor Conduct Tribunal found Tate to be involved in misconduct in 2015 when he directed former board chief executive Dale Dickson to stop disciplinary proceedings against other staff members.
The report found that “the violations were taken so seriously that the court considered whether to recommend to the minister that [Mr Tate] dismissed as mayor.
The court ordered Tate to make a public confession of the wrongdoing on his official Facebook page today and pay a fine of nearly $3,500.
But Tate has appealed the findings and applied for adjournment through the Queensland Civil and Administrative Court.
“When brought to the actual court, you would drive a bus through it,” he said.
Mr Tate said he also questioned orders for him to apologize on Facebook, which he had to do today.
“The board doesn’t have an official Facebook for me, that Facebook is private,” he said.
“It’s hard for me to apologize when I disagree with it, so how can you be sincere about it.”
Offense against former staff
Mr Dickson had notified then mayor Wayne Moran’s chief of staff in November 2015, that he intended to take disciplinary action against him.
According to the Conduct Tribunal’s Councilor, Mr Dickson later received a letter from Tom Tate a month later “directing him to cease disciplinary action” against Mr Moran and “to provide evidence that the ‘show cause’ matter had been closed as he directed earlier that week, with business closing on Thursday. December 14, 2015”.
The court held that it “impaired the proper performance of the CEO’s functions”, with disciplinary action terminated by Mr Dickson on 18 December 2015.
“By using his powers to issue directives to the CEO as he did, evoked the popular phrase ‘sweeping things under the carpet’,” the Court’s decision said.
“Such behavior is completely against the ethos, principles and purposes of the Act.”
Tate was ordered to pay $2,757 in connection with the misconduct.
Second accusation upheld
The second charge of misconduct since December 2017 was also supported by the court.
It stated that Tate failed to declare a conflict of interest during a board meeting “where the board is considering directives issued by [Mr Tate] and whether the council should refer the directive to the Department of Local Government”.
The court stated a directive in a confidential document filed that could potentially refer his behavior to the Director General of the Department of Local Government.
“[Mr Tate] … had at least a vested interest in protecting his reputation, and the public’s perception of his character,” the court found.
“That self-interest, as perceived by a reasonable and knowledgeable observer, has the potential to influence [Mr Tate’s] decisions in carrying out their official functions in voting on proposals.
“The effect, [Mr Tate] could be influenced in protecting his personal interests (in his reputation) by seeking to take steps such that his reputation is never under scrutiny (by removing the recommendation from consideration by the CEO).”
The court ordered Tate to pay $689.25 in connection with the conflict of interest.
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